Malaysia Page 1 of 8 Published on Freedom House (https://freedomhouse.org) Home > Malaysia Malaysia Country: Malaysia Year: 2018 Freedom Status: Partly Free Political Rights: 4 Civil Liberties: 4 Aggregate Score: 45 Freedom Rating: 4.0 Overview: Although Malaysia holds regular elections, it has been ruled by the same political coalition since independence in 1957. Despite a vibrant political opposition, the ruling coalition has maintained power by manipulating electoral districts, appealing to ethnic nationalism, and suppressing criticism through restrictive speech laws and politicized prosecutions of opposition leaders. Political Rights and Civil Liberties: POLITICAL RIGHTS: 18 / 40 A. ELECTORAL PROCESS: 6 / 12 A1. Was the current head of government or other chief national authority elected through free and fair elections? 2 / 4 The prime minister is the head of government and chief executive. The leader of the coalition that wins a plurality of seats in legislative elections becomes the prime minister. Thus, the legitimacy of the prime minister generally rests on the conduct of elections. https://freedomhouse.org/print/50041 4/19/2018 Malaysia Page 2 of 8 The paramount ruler, the monarch and titular head of state, is elected for five-year terms by fellow hereditary rulers from 9 of Malaysia’s 13 states. In 2016, a new king, Sultan Muhammad V, was sworn in. The role of the king is largely ceremonial, though he retains the power to approve the prime minister. A2. Were the current national legislative representatives elected through free and fair elections? 2 / 4 The upper house of the bicameral Parliament, the Senate, or Dewan Negara, consists of 44 members appointed by the king and 26 members elected by the 13 state legislatures, serving three-year terms. The Senate has limited powers. The House of Representatives, or Dewan Rakyat, has 222 seats filled through regular elections, the most recent in 2013. The ruling National Front (BN) coalition won the 2013 parliamentary elections, capturing 133 seats in the lower house despite receiving only 47 percent of the overall popular vote. The opposition and observers accused the BN of electoral fraud, citing irregularities such as “phantom voting” and power outages in vote-tallying centers in a number of constituencies that opposition parties hoped to win. A3. Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 2 / 4 The Election Commission (EC) is officially independent but is comprised of the prime minister and government allies. In practice, it is subordinate to the United Malays National Organization (UMNO), which dominates the BN coalition. The EC is responsible for maintaining voter rolls, and has been accused of enabling “phantom voting” by creating duplicate records of some voters, or by leaving deceased persons on the rolls. The politicized delineation of electoral districts gives the UMNO a significant advantage over the opposition in national elections. B. POLITICAL PLURALISM AND PARTICIPATION: 7 / 16 B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 2 / 4 Opposition parties have a long and vibrant history in Malaysia, and several state governments are under opposition control. New opposition parties regularly emerge, such as the Bersatu party, which was formed in 2016 and now counts several former leaders of the UMNO in its ranks. However, opposition parties also face obstacles such as unequal access to the media, restrictions on campaigning and freedom of assembly, and politicized prosecutions. The main opposition coalition has struggled with cohesion since the 2014 re-imprisonment of its Anwar Ibrahim of the opposition People’s Justice Party (PKR); Ibrahim has been dogged by claims that he “sodomized” a male aide in 2008, a charge seen as politically motivated The Registrar of Societies (ROS) oversees the registration of political parties and in the past has issued politicized decisions. In 2017, it declared the 2013 internal leadership elections of the opposition Democratic Action Party (DAP) to be illegal, compromising the https://freedomhouse.org/print/50041 4/19/2018 Malaysia Page 3 of 8 party’s ability to operate normally ahead of the 2018 polls. In November, the ROS indicated that it was weighing whether to deregister Bersatu on grounds that the name of its youth wing was illegal. Separately, in August 2017, the High Court upheld an 18-month jail sentence for opposition politician Rafizi Ramli for making public an audit report on the ongoing 1MDB scandal, leaving the Appellate Court as his final course of appeal. B2. Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 2 / 4 The extensive manipulations of the electoral process make it exceedingly difficult for the opposition to secure a parliamentary majority without defections from the dominant UMNO-led coalition. State resources are also used to secure support among key voting blocs. There is, however, an opposition presence in the federal parliament and at the state level. The political opposition has entered new territory with the return of former prime minister Mahathir Mohamed as the founder and chairman of the Bersatu party, and the chairman of the opposition coalition Pakatan Harapan; previously he was with the UMNO, but had broken with the party. Pakatan Harapan may be able to attract additional votes to the opposition in the next general election, which is due by August 2018. B3. Are the people’s political choices free from domination by the military, foreign powers, religious hierarchies, economic oligarchies, or any other powerful group that is not democratically accountable? 2 / 4 The military is not active in politics and foreign powers do not directly meddle with voting (though China is an increasingly active player in the country). The traditional media and print media especially favor the government, leaving voters with limited information about opposition parties. The ruling party has close links with much of the country’s elite business community, giving the ruling party a financial advantage over the opposition. B4. Do various segments of the population (including ethnic, religious, gender, LGBT, and other relevant groups) have full political rights and electoral opportunities? 1 / 4 Suffrage in Malaysia is universal for adult citizens. However, social and legal restrictions limit political activism among some minority groups—including LGBT (lesbian, gay, bisexual, and transgender) communities. Women’s interests remain generally underrepresented in politics. C. FUNCTIONING OF GOVERNMENT: 5 / 12 C1. Do the freely elected head of government and national legislative representatives determine the policies of the government? 2 / 4 Most major policy decisions are reached by the prime minister and the cabinet, sometimes with limited input from the remainder of the elected legislature. The biased electoral framework reduces the legitimacy of the elected officials. https://freedomhouse.org/print/50041 4/19/2018 Malaysia Page 4 of 8 C2. Are safeguards against official corruption strong and effective? 1 / 4 High-level corruption remains a major issue in Malaysia. Institutional safeguards are weak and there is insufficient political will to substantially mitigate the problem. Misuse of resources and favoritism are facilitated by the close nexus between political and economic elites, which blurs the distinction between public and private enterprises and creates opportunities for collusion and graft. Prime Minister Najib’s mismanagement of and possible embezzlement from the state development fund 1MDB has continued to be highly controversial domestically and internationally. The U.S. Department of Justice has moved to seize U.S. assets amounting to more than $1 billion in connection with the scandal. C3. Does the government operate with openness and transparency? 2 / 4 Many key policy decisions are reached by the inner circle of the ruling coalition without extensive consultation in the legislature or with the broader public. The government regularly clamps down on scrutiny of its operations. In attempting to contain fallout from 1MDB, for example, Prime Minister Najib in 2015 replaced the attorney general and fired several cabinet members that had been critical of the scandal. CIVIL LIBERTIES: 45 / 60 (+1) D. FREEDOM OF EXPRESSION AND BELIEF: 7 / 16 D1. Are there free and independent media? 2 / 4 Freedom of expression is constitutionally guaranteed but restricted in practice. A 2012 amendment to the Printing Presses and Publications Act retains the home minister’s authority to suspend or revoke publishing licenses but allows judicial review of such decisions. Most private publications are controlled by political parties or businesses allied with the BN, as are most private television stations, which generally censor programming according to government guidelines. State outlets reflect government views. Books and films are directly censored or banned for profanity, violence, and political and religious content. The internet is an outlet for the exposure of political corruption, but the Malaysian Communication and Multimedia Commission (MCMC) monitors websites and can order the removal of material considered provocative or subversive. A 2012 amendment to the 1950 Evidence Act holds owners